How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask RobertJDFL Your Own Question

RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 10266
Experience:  Experienced in multiple areas of the law.
18284290
Type Your Family Law Question Here...
RobertJDFL is online now
A new question is answered every 9 seconds

I just recently found out from my ex girlfriend that she is

Resolved Question:

I just recently found out from my ex girlfriend that she is pregnant. Due to issues with our relationship we broke up and a couple months later she gave me the news. She was told she was approx 14 weeks pregnant which makes that around the time we were still together. She's had a "male friend" in her life since the time we were dating and recently admitted to having intercourse with him while she's carrying our possible child. Of course i am now questioning whether or not that was the only time they have done this, and whether her claims to me be being the father are accurate. Aside from getting a paternity test done, what else should i or can i do to prepare for positive results and prepare for attaining custody? What are my rights now, and also if the test is conclusive? I am a college student recently off active duty and just started a new job whereas she is unemployed, on welfare, no vehicle and living with her divorced parents. We both live in California. I don't want things to get nasty if at all possible.
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question today. Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.

Paternity and any type of rights to the child cannot be established until the child is born. There are two ways to establish paternity. One, by parents signing a voluntary declaration of paternity, and two, by getting a court order for a DNA test to see if the child is yours. Because there is a possibility that the child is not yours, I would not suggest signing a voluntary declaration, but instead filing for a court order.

You can read more about establishing paternity here.

Assuming the paternity tests shows you are the father, then the next step would be to file the Petition for Custody and Support for Minor Child(ren). This is exactly what it sounds like --the petitioner is asking the court to establish a custody, visitation and support order for the child.

Of course, you are free to come to an agreement with the mother and prepare an agreement for the judge to sign, but if you cannot do so, then you will want the court to decide. I understand that you don't want things to get nasty, but you are but 1/2 of this situation, and I cannot tell you whether it will get nasty or not. You know your ex better than anyone else does.

If a court is left to make the decision, it is going to do sobased on what it believes is in the best interest of the child, and they look at a variety of factors: who will be the primary caregiver of the child, who is in a better position to support and care for the child, who will foster a good relationship with the non-custodial parent, whether there is a history of violence or abuse with either parent, etc.

The parent who is not given custody is generally given visitation rights to the child unless it is shown that they are somehow a harm or danger to the child (e.g., they have a history of violence, they abuse drugs/alcohol, are a sex offender, etc).

You can certainly speak to a family law attorney about handling this matter for you, or, if you want to do it yourself, the forms and instructions on how to fill them out are found here, on the California Courts website.

Every county Clerk of Court should also have a self-help center or family law facilitator to assist you in filling out/reviewing the documents for you, so take advantage of that if you go about this on your own.


Please let me know if you need any clarification or additional information.
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 10266
Experience: Experienced in multiple areas of the law.
RobertJDFL and 5 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney